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- Federal Register
- Vol. 59, No. 130
- Friday, July 8, 1994
-
- [Release No. 34─34302; File No. SR─NYSE─94─10]
-
- Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by New
- York Stock Exchange, Inc., Relating to Amendments to Rule 127 (Block
- Positioning) and Rule 72(b) ("Clean" Agency Crosses)
-
- July 1, 1994.
-
- Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ("Act"),
- 15 U.S.C. 78s(b)(1), notice is hereby given that on March 17, 1994, the New
- York Stock Exchange, Inc. ("NYSE" or "Exchange") filed with the Securities and
- Exchange Commission ("Commission") the proposed rule change as described in
- Items I, II and III below, which Items have been prepared by the
- self-regulatory organization. The Commission is publishing this notice to
- solicit comments on the proposed rule change from interested persons.
-
- I. Self-Regulatory Organization's Statement of the Terms of Substance of the
- Proposed Rule Change
-
- The proposed rule change consists of amendments to Exchange Rule 127 on Block
- Positioning and 72(b) on "clean" agency crosses.
-
- II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory
- Basis for, the Proposed Rule Change
-
- In its filing with the Commission, the self-regulatory organization included
- statements concerning the purpose of and basis for the proposed rule change
- and discussed any comments it received on the proposed rule change. The text
- of these statements may be examined at the places specified in Item IV below.
- The self-regulatory organization has prepared summaries, set forth in Sections
- A, B, and C below, of the most significant aspects of such statements.
-
- A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory
- Basis for, the Proposed Rule Change
-
- 1. Purpose
-
- Rule 127, which governs procedures for handling block crosses outside the
- prevailing quotation, was originally adopted in June 1972 and amended in
- February 1976. The Exchange recently undertook a review of the Rule and
- determined that, due to changes in trading rules and practices since the Rule
- was first adopted, it should be revised to simplify the language and eliminate
- a number of provisions that the Exchange believes are no longer appropriate.
-
- Specifically, the Exchange has determined:
-
- To eliminate the requirement that a member affecting an agency cross outside
- of the prevailing quotation give up the greater of 5% of 1,000 shares of the
- amount crossed to orders on the specialist book limited to the cross
- (clean-up) price;
-
- To eliminate the reference to the block positioner's responsibility for
- maintaining the after market when the block positioner has not satisfied the
- reasonable needs of the specialist;
-
- To require documentation on the Floor when an agency block cross outside the
- prevailing quotation is effected and the specialist's book does not
- participate. This may be done after the trade has been completed. The Exchange
- expects these procedures to include notification of a Floor Official.
-
- In addition, Rule 72(b) will be amended to include the same documentation
- requirements for agency crosses under the Rule as those proposed for agency
- block crosses under Rule 127.
-
- The Exchange believes that the deletion of the requirements to give the
- greater of 5% or 1,000 shares of the cross to orders on the specialist's book
- in agency cross transactions is appropriate to conform the agency cross
- principles of Rule 127 with the agency cross principles of Rule 72(b). Under
- both rules, a member may still participate in the cross transaction by
- providing price improvement to one side of the cross. The Exchange is not
- proposing to amend the requirement in Rule 127 that a member organization that
- is establishing or increasing a position must fill, at the clean-up price,
- public orders limited to the clean-up price or better before retaining any
- stock for its proprietary account.
-
- The Exchange believes that it is appropriate to place responsibility for the
- after-market on the specialist rather than the block positioner, as the
- specialist is otherwise responsible under Exchange rules for the maintenance
- of a fair and orderly market.«1» The Exchange believes that the proposed
- Floor documentation requirement will help ensure appropriate regulatory
- oversight with respect to agency cross transactions.
-
- «1» See NYSE Rule 104 (Dealings by Specialists).
-
- 2. Statutory Basis
-
- The basis under the Act for the proposed rule change is the requirement under
- Section 6(b)(5) that an Exchange have rules that are designed to promote just
- and equitable principles of trade, to remove impediments to, and perfect their
- mechanism of a free and open market and, in general, to protect investors and
- the public interest.
-
- B. Self-Regulatory Organization's Statement on Burden on Competition
-
- The Exchange does not believe that the proposed rule change will impose any
- burden on competition that is not necessary or appropriate in furtherance of
- the purposes of the Act.
-
- C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule
- Change Received From Members, Participants or Others
-
- The Exchange has neither solicited nor received written comments on the
- proposed rule change.
-
- III. Date of Effectiveness of the Proposed Rule Change and Timing for
- Commission Action
-
- Within 35 days of the publication of this notice in the Federal Register or
- within such other period (i) as the Commission may designate up to 90 days of
- such date if it finds such longer period to be appropriate and publishes its
- reasons for so finding or (ii) as to which the self-regulatory organization
- consents, the Commission will:
-
- (A) By order approve the proposed rule change, or
-
- (B) Institute proceedings to determine whether the proposed rule change should
- be disapproved.
-
- IV. Solicitation of Comments
-
- Interested persons are invited to submit written data, views and arguments
- concerning the foregoing. Persons making written submissions should file six
- copies thereof with the Secretary, Securities and Exchange Commission, 450
- Fifth Street, NW., Washington, DC 20549. Copies of the submission, all
- subsequent amendments, all written statements with respect to the proposed
- rule change that are filed with the Commission, and all written communications
- relating to the proposed rule change between the Commission and any person,
- other than those that may be withheld from the public in accordance with the
- provisions of 5 U.S.C. 552, will be available for inspection and copying at
- the Commission's Public Reference Section, 450 Fifth Street, NW., Washington,
- DC 20549. Copies of such filing will also be available for inspection and
- copying at the principal office of the NYSE. All submissions should refer to
- File No. SR─NYSE─94─10 and should be submitted by July 29, 1994.
-
- For the Commission, by the Division of Market Regulation, pursuant to
- delegated authority.
-
- Jonathan G. Katz,
-
- Secretary.
-
- [FR Doc. 94─16571 Filed 7─7─94; 8:45 am]
-
- BILLING CODE 8010─01─M
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